HF 72

1st Engrossment - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/20/2020 06:30pm

A bill for an act
relating to labor; amending arbitrator selection for peace officer grievance
arbitrations; authorizing rulemaking; proposing coding for new law in Minnesota
Statutes, chapter 626.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [626.892] PEACE OFFICER GRIEVANCE ARBITRATION SELECTION
PROCEDURE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this
section have the meanings given them.
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new text begin (b) "Commissioner" means the commissioner of the Bureau of Mediation Services.
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new text begin (c) "Employer" means a political subdivision or law enforcement agency employing a
peace officer.
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new text begin (d) "Grievance" means a dispute or disagreement regarding any written disciplinary
action, discharge, or termination decision of a peace officer arising under a collective
bargaining agreement covering peace officers.
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new text begin (e) "Grievance arbitration" means binding arbitration of a grievance under the grievance
procedure in a collective bargaining agreement covering peace officers, as required by this
section or sections 179A.04, 179A.20, and 179A.21, subdivision 3, to the extent those
sections are consistent with this section.
new text end

new text begin (f) "Grievance procedure" has the meaning given in section 179A.20, subdivision 4,
except as otherwise provided in this section or to the extent inconsistent with this section.
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new text begin (g) "Peace officer" means a licensed peace officer or part-time peace officer subject to
licensure under sections 626.84 to 626.863.
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new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin Notwithstanding any contrary provision of law, home rule
charter, ordinance, or resolution, effective the day following final enactment, the arbitrator
selection procedure established under this section shall apply to all peace officer grievance
arbitrations for written disciplinary action, discharge, or termination, and must be included
in the grievance procedure for all collective bargaining agreements covering peace officers
negotiated on or after that date. This section does not authorize arbitrators appointed under
this section to hear arbitrations of public employees who are not peace officers.
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new text begin Subd. 3. new text end

new text begin Roster of arbitrators. new text end

new text begin The governor, in consultation with community and law
enforcement stakeholders, shall appoint a roster of six persons specifically suited and
qualified by training and experience to act as arbitrators for peace officer grievance
arbitrations under this section. Arbitrators appointed to the roster shall only hear grievance
arbitrations for peace officers as provided under this section. The governor shall exercise
this power of appointment as conferred by law. Arbitrator terms and roster requirements
under Minnesota Rules, chapters 5500 to 5530, shall apply to the extent consistent with this
section.
new text end

new text begin Subd. 4. new text end

new text begin Arbitrator qualifications. new text end

new text begin A person seeking appointment to the arbitrator
roster under this section must complete initial training on culture competency, racism,
implicit bias, and recognizing and valuing community diversity and cultural differences,
and must continue to complete the training as required during the person's appointment.
The commissioner may adopt rules establishing training and requirements for this purpose.
new text end

new text begin Subd. 5. new text end

new text begin Selection of arbitrators. new text end

new text begin The commissioner shall assign or appoint an arbitrator
or panel of arbitrators from the roster to a peace officer grievance arbitration under this
section on a random or rotating basis. The parties shall not participate in, negotiate for, or
agree to the selection of an arbitrator or arbitration panel under this section. The arbitrator
or panel shall decide the grievance, and the decision is binding subject to the provisions of
chapter 572B.
new text end

new text begin Subd. 6. new text end

new text begin Interaction with other laws. new text end

new text begin (a) Sections 179A.21, subdivision 2, and 572B.11,
paragraph (a), and rules for arbitrator selection promulgated pursuant to section 179A.04
shall not apply to a peace officer grievance arbitration under this section.
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new text begin (b) Notwithstanding any contrary provision of law, home rule charter, ordinance, or
resolution, peace officers, through their certified exclusive representatives, shall not have
the right to negotiate for or agree to a collective bargaining agreement or a grievance
arbitration selection procedure with their employers that is inconsistent with this section.
new text end

new text begin (c) The arbitrator selection procedure for peace officer grievance arbitrations established
under this section supersedes any inconsistent provisions in chapter 179A or 572B or in
Minnesota Rules, chapters 5500 to 5530 and 7315 to 7325. Other arbitration requirements
in those chapters remain in full force and effect for peace officer grievance arbitrations,
except as provided in this section or to the extent inconsistent with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end